Patna High Court
Ram Ekbal YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s antecedent.
Summary
Ram Ekbal Yadav applied for anticipatory bail fearing arrest in a case under Section 78 of the Juvenile Justice Act, 2015 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He has four prior excise cases and is alleged to have been involved in the recovery of 135 litres of liquor from two motorcycles, though he was not arrested on the spot and did not have the seized vehicles in his possession. The prosecution’s case relies on a confessional statement made by another accused, Raushan Kumar Yadav, which the petitioner contends lacks evidentiary value. The State opposed the bail. The High Court, applying Section 438(2) of the Cr.P.C., granted provisional anticipatory bail conditioned on a Rs.20,000 bond, two sureties, and a verification of the petitioner’s criminal antecedent by the trial court. If the trial court finds more than four prior cases, the bail will not be confirmed; if only four, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in view of the alleged offences and the petitioner’s criminal antecedent.
- Whether the confessional statement of a co-accused can be relied upon to justify denial of bail.
Legislation cited
Subjects
- anticipatory bail
- Section 438 CrPC
- Juvenile Justice Act
- Prohibition and Excise Act
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60764 of 2025
Arising Out of PS. Case No.-245 Year-2024 Thana- LADANIA District- Madhubani
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Ram Ekbal Yadav Son of Visheshwar Yadav @ Vishe Yadav R/o - Lagadi,
Ward No.04, P.S. - Ladaniya, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 78 of the
Juvenile Justice Act, 2015 as well as Section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 135 litres of liquor from two
motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the confessional statement of
Patna High Court CR. MISC. No.60764 of 2025(3) dt.06-01-2026
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Raushan Kumar Yadav in police custody which does not have
any evidentiary value in the eye of law. It is next submitted that
once an accused is implicated in a case relating to excise the
police start implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Ladaniya P.S. Case No. 245 of 2024, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than four cases,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.60764 of 2025(3) dt.06-01-2026
3/3
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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